| Drone Skyworks, LLC Petition for Exemption under Section 333 1 June 4

, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request § 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 CFR § 21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 (c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam,

Pursuant to § 333 of the FAA Modernization and Reform Act of 2012 (the Reform Ac t) and 14 C.F.R. Part 11, Drone Skyworks , LLC, operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial filmin g and photographing to include: commercial and residential real

estate, infrastructure inspections, constr uction, architecture, scientific research , environmental assessment, l and surveyin g and mapping a nd other applicable areas for pre

- planned, controlled areas, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow

comme rci al operation of its sUAS , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by § 333. Drone Skyworks , LLC operation of its sUAS for commercial purposes awaits a

review and the anticipated granting of this petition by the FAA before conducting any ope ration for

its clients to fully comply with all f ederal aviation regulations pertaining to sUAS.

As described more fully below, the req uested exemption would permit the operation of small,

unmanned and multi

- rotor aircraft under controlled conditions in airspace that is 1) contained 2) predetermined 3) has on

- site safety personnel controlling access, and 4) would provide increased safety and enhancements to clients' business operations.

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. I look forward to working with your office. Please contact me at any time if you require a dditional information or clarification.

The name and address of the applicant is:

Drone Skyworks , LLC Thomas E. Cmejla

President

Phone: 978

- 729

- 9467

Email: tcmejla@gmail.com

Address: 3 Rockbottom Road, Stow, MA, 01775| Drone Skyworks, LLC Petition for Exemption under Section 333 2 PUBLISHABLE SUMMARY

T he following summary is provided for publication in the Federal Register, should it be

determi ned that publication is needed.

Drone Skyworks, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of

the FAA Modernization and Reform Act of 2 012 from the requirements of 14 CFR § 21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 (c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91 .409 (a) (2); and 91.417 (a) & (b). This exemption request will permit Dron e Skyw orks, LLC to operate its s UAS commercially for the purpose of aerial filming and photographing to include: commercial and residential real estate, infrastructure inspections, construction, architecture, scientific research, environmental assessm ent, land surveying and mapping . Drone Skyworks, LLC will provide a service that is beneficial to industries and organizations that are already using, and /or seeking to use, sUAS ’ s for these purposes with a legal and safe option. This will benefit the public with t h e controlled operation of sUAS s and increase

their integration into the NAS.

The requested exemption should be granted because the proposed operation of the DJI Inspire 1, a small UAS (sUAS) weighing 6 lbs. 7.52 oz. , inclusive of battery and payload, conducted in the strict conditions outlined below, will provide an equivalent or better level of safety, as Congress intended, while still allowing commercial operations. The lightweight aircraft covered by the exemption is far safer than conventional oper ations conducted with helicopters and fixed

- wing aircraft operating in close proximity to the ground and people. The seven factors Congress directed the FAA to consider when approving Se ction 333 exemption petitions

- size, weight, speed, operational capab ility, proximity to airports, proximity to populated areas, and operatio n within visual line of sight

- each support the request. In particular, the aircraft is small, and will operate at slow speeds, close to the ground, far from airports and in a low ris k, low and controlled population

environment.

Name and address of petitioner:

Drone Skyworks, LLC Thomas E. Cmejla

3 Rockbottom Road Stow, MA 01775| Drone Skyworks, LLC Petition for Exemption under Section 333 3 BACKGROUND OF PETITIONER

Drone Skyworks , LLC is a limited liability company owned and operated by Thomas E. Cmejla. Mr. Cmejla is currently in active pursuit of his Private Pilot Certificate and the required medic al certificate.

Beginning in the late 1990s, Mr. Cmejla has devoted a significant portion of his professional

career to designing, inventing and deploying new and innovative, web

- based technologies and

devices that have changed the ways in which customers and end users access information and make decisions. In some cases, the very nature of the information available to them changed altogether. The integration of sUASs into the National Airspace System (NAS) has the promise and potential to be equally transformative in the ways in which the public, educational and research institutions, businesses and non

- profits pursue s their interests and goals.

Drone Skyworks , LLC will conduct its business using the DJI Inspire 1 sUAS. The Inspire 1 is a vertical takeoff and landing sUAS with a maximum gross weight of less than 55 pounds and

a maximum speed of less than 50 mph. The Inspire 1 is driven by lithium polymer batteries and powered by electric motors.

The aircraft registration application and all required supporting documentation for this sUAS

has been forwarded to the FAA Aircraft Registration Branch, AFS

- 750, P.O. Bo x 25504, Oklahoma City, OK 73125

- 0504

.

PUBLIC INTEREST AND HOW THE PUBLIC WILL BENEFIT

This exemption request will permit Drone Skyworks , LLC to operate its sUAS commercially for the purpose of aerial filmin g and photographing to include: commercial and residential real

estate, infrastructure inspections, constr uction, architecture, scientific research , environmental assessment, l and surveyin g and mapping a nd other applicabl e areas

. Drone Skyworks , LLC will provide a service t hat is benefic ial to industries and organizations that are already using, and seeking to use, sUASs for these purposes with a legal and safe option. This will benefit the public with the controlled operation of sUASs an d increase integration into the NAS.

Granting the present petition will further the public interest by allowing Drone Skyworks , LLC to perform safely, efficiently, and economically

, aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Inspire 1 sUAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy.

The integration of sUAS s into the NAS will not only replace traditionally more expensive options or appro aches, it will enable work to be done and decisions to be made in ways that were simply impossible to do previously. The commercial deployment of small unmanned| Drone Skyworks, LLC Petition for Exemption under Section 333 4 aircraft systems offer s the public a new, highly efficient and rel atively inexpensive platform for

collect ing, analyzing and utilizing data and photographic/video imagery

.

In deploying its sUAS, Drone Skyworks, LLC has developed specific performance standards, operating requ irements, protocols and work processes that are aligned with the FAA’s continuing mission

, and result in safe operating practices that are consistently applied and continuously improved. For its part, Drone Skyworks, LLC recognizes the important role it plays in educating the public and building awareness of both the promise and precautions that accompany the commercial deployment of this new and exciting platform.

The sUAS utilized by Drone Skyworks , LLC is battery

- powered and serve s as a safe, efficient and economical alternative to the manned aircraft traditionally utiliz ed to obtain aerial imagery. A grant of exemption would allow Drone Skyworks, LLC to contribute to the reduction of manned aircraft needed to perform the aerial acquisition of data, video and photographic

content and subsequently reduce the volume of manned a ircraft in the NAS.

Conducting aerial acquisitions with the DJI Inspire 1 sUAS , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video a nd still photography flight operations. By using battery power and electric motors, the DJI Inspire 1 sUAS produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine a ircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Inspire 1 s UA S

, while reducing the carbon footprint of aerial acquisitions, also sharply reduces noise pollution, as the

sUAS is propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Inspire 1 sUAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, whi ch is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. The DJI Inspire 1 sUAS (weighing approximately 6 pounds 7.5 ounces at its maximum gross weight

with a length of 17.3 inches and width of 17.7 inches , and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6 ,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

Previously, such services as high

- resolution digital aerial real estate photography , surveying and inspections were limited and affordable to a relatively small group of agencies, companies and organizations with significant operating capital

. The granting of this exemption will enable Drone Skyworks , LLC to change this by de ploy ing its sUAS in ways that make aerial pho tography and other sUAS services accessible and affordable to a significantly larger portion of individuals, organizations and businesses

. The many new forms of aerial content would have immediate and direct benefits to service providers, business owners and consumers alike.| Drone Skyworks, LLC Petition for Exemption under Section 333 5 PUBLIC SAFETY

With safety as its primary operational requirement, Drone Skyworks, LLC will plan, conduct and manage its flight operations within very specific and well

- defined operating limitations

and standards detailed in its flight opera tions protocols (see Attachment G). These protocols also clearly define the roles and resp onsibilities of the pilot in charge ( PIC )

, visual observer ( VO )

, sensor operator ( SO ) and the client representative working with the Drone Skyworks

team

.

In seeking this exemption, Drone Skyworks, LLC submits that the DJI Inspire 1 sUAS can operate safely in the NAS pursuant to FMRA Secti on 333, as demonstrated by the characteristics of the DJI Inspire 1 sUAS, the pilot certification requ irements, and the specific operating limitations. The s pecifications of the DJI Inspire 1 sUAS (see Attachment s A and B )

demonstrate its safe characteristics. The DJI Inspire 1 sUAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. Many of the functional capabilities and features of

the DJI Inspire 1 sUAS enable it t o be operated in a highly controlled, precis e and safe manner.

The DJI Inspire 1 sUAS autonomous f light a nd n avigation m odes e nable it to remain within a defined operational a rea. Also, t he DJI Inspire 1 sUAS may be operated in both manual and fully auto nomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 sUAS is provided on pages 12

- 16 and 45

- 50 o f the DJI Inspire 1 User Manual (see Attachment B ).

The DJI Inspire 1 sUAS includes automatic return

- to

- home

- point or hover functionality in the event of loss of the control link or navigation. When the control ink is lost, the DJI Inspire 1

sUA S will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 sUAS do es not reacqui re control link data from the ground control station/remote controller, the sUAS will assume that the control link is lost and will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complet e description of the failsafe functions of the DJI Inspire 1 is provided on pages 13

- 15

o f the DJI Inspire 1 User Manual (see Attachment B ).

Whether helping to protect the pu blic, inspecting infrastructure, conducting site and land

surveys or acquiring aerial imagery and video

, Drone Skyworks LLC sUAS will be providing

its customers with more accurate and timely information. The r eal

- time situational awareness and improved decision

- making this achieves will enable Drone Skyworks ’ customers and

clients t o communicate with and more safely serve and support their respective constituents.

Strict adherence to specific flight operations protocols (see Attachment G and H ), the use of the DJI Inspire 1 sUAS configured with significant safety functionality, the acquisition of an accurate understanding of both the flight operations area and its adjacencies using Drone Skyworks’ Site Safety and Planning Templat e (see Attachment L ), and the use of Drone| Drone Skyworks, LLC Petition for Exemption under Section 333 6 Skyworks’ On

- Site Client Safety Briefin g (see Attachment M ) wi ll provide a level of safety and oversight that is in complete alignment with the FAA’s mission to “provide the safest,

most efficient aerospace system in the world.” [ FAA online document, Public Guidance for Petitions for Exemption Filed und er Section 33 3. R ev. 9/25/2014]

PRIVACY

All flights will o ccur over private or controlled

- access property with the property owner’s or controlling authority’s prior consent and knowle dge. Aerial photography and video capture will be of people who have provided their written c onsent (see Attachment N ) to being photographed or have been authorized t o be in the area where flight operations are taking place. Establishing and maintaining tight controls over access to the flight operations area will

minimize privacy issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Drone Skyworks, LLC’s proposed operation of the DJI Inspire 1 sUAS will not implicate any privacy issues. Specifically, the DJI Inspire 1 sUA S will be operated under detailed operational protocols designed to ensure client or property owner involvement as well

as loca l law enforcement notification. Flight operations will be conducted in accordance with Federal Aviation Regulations, including t he minimum altitude requirements of 14 C.F.R. §

91.119.

Drone Skyworks, LLC h as developed a proprietary work

- site planning template (see

Attachment L ) that will be completed and reviewed with the client’s onsite representative prior

to the commencement of any operation or project. This detailed diagram of the operational environment will provide the PIC)

, VO(s)

, SO , and any other designated support and security personnel with a full understanding of the site or subject ’s structural characteristics, layout

, topography, adjacencies, and all significant and relevant natural and man made features within the operational area. The templ ate will also be used by Drone Skyworks, LLC personnel to gain a clear picture of any area or condition immediately adjacent to or near the operational

area . The will enable Drone Skyworks, LLC to acquire a detailed understanding of the larger geographical context surrounding the flight operations area and review relevant factors with

the client before the comm encement of any wor k or service.

CONDITIONS AND LIMITATIONS

As set forth in Drone Skyworks, LLC F light Operations and Procedures Manual (FOPM) , which

include s : A ll manufacturer documentation for the Inspire 1 sUAS and Drone Skyworks, LLC proprietary operations documentation for all sUAS operations (e.g., Flight O perations Protocols

, Flight Checklists and Operating Procedures, Pilot Flight Log, sUAS Flight Log, Monthly Maintenance Log , Client Site Safety and Planning Template, Pre

- Flight Operations On

- Site Client Safety Briefing, Battery Power Management Matrix, and Permission to Conduct Onsite Flight Operations Consent Form ), the applicant proposes the following limitations and condit ions:| Drone Skyworks, LLC Petition for Exemption under Section 333 7 1. UAS must weigh less than 55 pounds;

2. UAS airspeed is not to exceed 50 knots;

3. UAS flights may not o perate at more than 400 AGL. Altitudes reported to ATC must be in feet AGL;

4. UAS must be operated within Visual Line of Sight (VLOS) of the PIC a nd VO ;

5. All operations will utilize a VO . The VO may be utilized as long as the PIC maintains VLOS capability and can communicate with the VO at all times;

6. The operator’s manuals and flight operations protocols will be amended to and revised as

new con ditions and/or limitations become known;

7. The PIC will conduct a full inspection of the sUAS (including remote controllers) to ensure it is in full working order and safe for flight prior to every takeoff;

8. A functional test flight must be performed following the maintenance, alteration or repair

of any sUAS. Test flights will be performed by the PIC prior to the sUAS’s return to service. All such test fligh ts will be noted and logged in the Monthly Maintenanc e Log (see Attachment K )

, the PIC’s p ers onal Pilot Flight Log (see Attachment I) and the sUAS Flight Log ( see Attachment J )

. 9. The operator must follow the manufacturer’s s UAS aircraft/component, maintenance, overhaul, replacement inspection and life limit requirements. The following must be

incl u ded in the operator’s manual;

a. Actuators/Servos;

b. Power plant (motors);

c. Propellers;

d. Electronic speed controller;

e. Batteries;

f. Mechanical or d ynamic components ;

g. Remote command and control ler(s) ;
h. Navigational screen/interface; and any other component(s) as determined by the operator.

10. The PIC must possess a t minimum a light sport pilot certificate and a valid U.S. driver’s license. Additionally, the PIC must meet the flight review requirements specified in 14 CFR § 61.56;

11. A PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 200 flight hours and 25 hours as a UAS rot orcraft pilot and at least ten hours logged as a UAS pilot with a similar sUAS type;

12. A PIC must have accumulated and logged, i n a manner consisten t with 14 CFR § 61.51 (b), a minimum of five hours as a sUAS pilot operating the make and model of sUAS to be utilized for operations under the exemption and three takeoffs and three landings in the preceding 90 days . The PIC must opera te the sUAS with appropriate distance from non

participants in accordance with 14 CFR § 91.119;

13. The PIC and VO must have completed a qualification process;| Drone Skyworks, LLC Petition for Exemption under Section 333 8 14. A flight demonstration, administered by an operator and a qualified pilot must be completed and documented in accordance with the operator’s manual;

15. The sUAS may not be operated directly over any person, except authorized and consenting inspection and/or operations personnel, below an altitude that is hazardous to
persons or property;

16. All pa rticipating persons must be essential and consent to the sUAS operation which should require no further FSDO or ASI approval;

17. The operator must ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and wh o are necessary for the on

- going operation of the entity being inspected or photographed ;

18. If the s UAS loses communications or loses its GPS signal, the s UAS must return to a pre

determined location within the security perimet er of the flight operations area and land or

be recovered in accordance with the operator’s manual;

19. The PIC must abort the s UAS flight in the event of unpredict ed obstacles or emergencies

in accordance with the operator’s manual;

20. Each oper ation must be completed within 2 0 minutes f light time or with no less than 25% battery power remaining, whichever occurs first;

21. The operator must contain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but no less than 48 hours prior to the operation;

22. All aircraft operated in accordance with this exemption must be identified by s erial number, registered in accordance with 14 CFR part 47 and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as possible;

23. The operator must develop procedures to document and maintain a re cord of the s UAS maintenance, alterations, status of repla cement/overhaul component parts and the total

time in service of the s UAS;

24. Each s UAS operated under this exemption will comply with all manufacturing safety bulletins;

25. The operator will develop s UAS technician qualification criteria. And the criteria will be in the operator’s manual;

26. The pre

- flight inspections section of the operator’s manual will include the requirement that the pre

- flight inspection will acc ount for all discrepancies, e.g., i noperable components, items, or equipment;

27. Before conducting operations, the radio frequency spectrum used for operation and control

of the s UA S will comply with the FCC or other appropriate government oversight agency requirements;

28. At least three days before a scheduled flight operation the operator of the s UAS affected by this exemption will submit a written plan of activity to the local FSDO with jurisdiction| Drone Skyworks, LLC Petition for Exemption under Section 333 9 over the area of the proposed inspection. The 3

- day notification may be waived with the

conc urrence of the FSDO. The plan of activities will include the following:

a. Dates and times for all flights

b. Name and phone numb er of the operator for the sUAS flight operation conducted

u nder this grant of exemption

c. Name and phone number of the person resp onsible for the o n

- site operation of the

s UAS

d. Make, model, and serial and N

- number of s UAS t o be used

e. Name an d certificate number of s UAS PIC( s ) involv ed in the flight operation

f. A statement that the operator has obtained permission from property owners and/or

local officials to conduct the flight operation ; the list of those who gave permission

shall be made available t o the inspector
upon request

g. Signature of exempt ion

- holder or representative

h. The description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which the flight operation will be conducted and

the altitudes essential to accomplish the operation

i. The documents required under 14 CFR §§91.9 and 91.203 must be available to the

PIC at the gro und control station of the sUAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The s UAS must remain clear and yield the right of way to all other man ned operations and activities at all times (including, but not limited to ultra

- light vehicles, parachute activities, parasailing activities, hand gliding, etc.);

30. sUA S operations may not be conducted during night, as defined in 14 CFR § 1.1

31. All operation s must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized;

32. The s UAS cannot be operated by the PIC from any moving device or vehicle;

33. The s UAS may not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is less than 3 statute miles from

t he PIC;

34. The s UAS may not be operated in class B, C, or D airspace without written approval from

the F AA. The s UAS may not operate within 5 nautical miles of the geographic center of a

non

- towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with the airport’s management is obtained, and the operation is

co nducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the administrator upon

request;

35. Any 1 ) Incident, 2) Accident, or 3) Flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the Federal Aviation Administration's (FAA) UAS Integration Office (AFS

- 80) within 24 hour. Accidents must be reported to the National Transportati on Safety Board (NTSB) per| Drone Skyworks, LLC Petition for Exemption under Section 333 10 ins truction contained on the NTSB web site: www.ntsb.gov. Further flight operations may

not be conducte d until the incident, accident or transgression is reviewed by the AFS

- 80

and authorization to resume operations is provided;

36. The s UAS, PIC and operator will comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

LIST OF PROPRIETARY FLIGHT OPERATIONS, STANDARDS, PROTOCOLS AND

PROCEDURES DOCUMENTATION

As noted earlier, Drone Skyworks’ FOPM i nclude s all manufacturer’s documentation for the DJI Inspire 1 sUAS , as well as a number of flight operations protocols, requirements and procedures Drone Skyworks, LLC considers proprietary. Together, these documents governing the p l anning

, management and execution of all Drone Skyworks, LLC flight o perations

. The FOPM is reviewed and updated on a regular basis to ensure it is accurate, current and r eflects any new FAA requirement, change of standard and any improvement or addition to its flight operations Drone Skyworks, LLC considers to be in its clients ’ and the public’s best interest.

Nine of the fifteen attachments included (see Attachments G , H, I, J, K, L, M, N, O ) and referenced

i n the request for exemption contain commercial proprietary information that Drone Skyworks , LLC

has chosen not to share with others except under appropriate confidentiality agreements at this time.

These attachment s contain operating conditio ns, graphics and procedures that have bee n developed exclusively by Drone Skyworks , LLC, and that are not available to the public. Drone Skyworks

, LLC is respectfully requesting that these attachments be treated as proprietary information pursuant to 14 C.F.R. Section 11.35, and maintains that th ey are protected from release under the Freedom of Information Act. See 5 U.S.C. 552 et seq.

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED:

14 CFR Part 21 14 CFR 61.113 (a) & (b) 14 CFR 61.133 (a)

14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.109 (a)

14 CFR 91.119

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)| Drone Skyworks, LLC Petition for Exemption under Section 333 11 14 C.F.R. 21: Certification Procedures for Products and Parts This section outlines requirements for the issue of design and production approvals, airworthiness certificates, and other airworthiness approvals. Drone Skyworks , LLC is aware that if an exemption is granted as per Section 333, an airworthiness certificat e would be issued and a request for exemption from Part 21 is unnecessary. However, as outlined in the List of Limitations and Conditions in this application, as well as all of the Attachments to this application, comprising the FOPM, Drone Skyworks , LLC s eeks to uphold the same level or exceeded level of safety as described in Part 21 of 14 C.F.R.

14 C.F.R. § 61.113 (a) & (b), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges and Limitations.

Sections 6 1.113 (a) & (b) limit private pilots to non

- commercial operations. Because

the s UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft

t o have a private pilot’s license rather than a commercial pilot’ s license to operate this

s UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is co ntrolled and restricted, and all flights are planned and coordinated in advance as set forth in the FOPM. The level of safety provided by the requirements included in the FOPM exceeds that provided by a single individual holding a commercial pilot’s certif icate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as reques ted with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the FOPM

for main tenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered

civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual mater ial, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.| Drone Skyworks, LLC Petition for Exemption under Section 333 12 14 C.F.R . § 91.109 (a): Flight Instruction Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has ful ly functioning dual controls. sUAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control

box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft.

14 C.F.R. § 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescrib ed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings an d people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as the location where it is operated. No flight will be taken without the pe rmission of the property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware of the planned flight operations as set forth

in the FOPM.

14 C.F.R. § 91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before depart ure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant t o the FOPM

, confirming the altitude of the launch site shown on th e GPS altitude indicator before flight.

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for

at least 45 minutes.” The batt ery powering th e sUAS provides approximately 18 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR § 91.151, sUASs flights would be limited to approximately 10 minutes in length. Given the limitations on the

sUAS proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is| Drone Skyworks, LLC Petition for Exemption under Section 333 13 reasonable. Limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption wi ll be granted. An equivalent level of safety can be a chieved by limiting flights to 2 0 minutes or 25% of battery power whichever i s reached first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has withi n it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91 .715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS

, fully loaded

, weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification

and r egistration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the PIC flying the sUAS will have immediate access to them, to the extent they are applicable to the

sUAS.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescrib ed in part 43 of this chapter... ” and others shall inspect or maintain the aircraft in compliance with P art 43. Given that these sectio n and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. The operator pursuant to the FOPM will accomplish maintenance . An equivalent level of safety will b e achieved because this sUAS is very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOPM, the o perator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best

suited to maintain th e aircraft in an airworthy condition to provide the equivalent level of safety.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Drone Skyworks , LLC submits that grant of this exemption application advances the Congressional mandate in Section 333 of th e Reform Act to accelerate the introduction of

s UASs into the NAS if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of s UASs do not create a| Drone Skyworks, LLC Petition for Exemption under Section 333 14 hazard to users of the NAS, the public, or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airpo rts and populated areas; and

• Operation of the UAS within visual line of sight of the PIC

.

Reform Act § 333 (a) (1). If the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333 (c)

.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, from the requirement that all civil aircraf t must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in

commercial service:

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b ) of this section or any of sections 4470244716 of this title if the Administrator finds the exemp tion is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with use of

UASs for aer ial videography/photography, the reduction or elimination of unregulated operators, and the safe integration of UASs. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

CONCLUSION

As set forth herein, Drone Skyworks , LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 from the requirements of 14 CFR § 21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a);

91 .119 (c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b), which will pe rmit safe operation of the sUAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial imagery over s mall, defined operational

areas of the United States.

Approval of the exemption allowing commercial operations of Drone Skyworks , LLC

sUAS will increase safety by permitting an operator to conduct a service safely by adhering to the prescribed guidelin es. The exemption will also encourage the education of sUAS operators and the adoption of FAA guidelines and approval for commercial sUAS operations as pertains| Drone Skyworks, LLC Petition for Exemption under Section 333 15 to Drone Skyworks , LLC employees and contractors. It will allow Drone Skyworks , LLC to provide a service that benefits the public and local businesses. It benefits the public through a higher level of safety of sUAS operations and through a smooth integration of sUA Ss into the NAS. Having a pilot

- owned business bridges the gap between the advancemen t of sUAS technology and the current practices and operations in the NAS and with the FAA. This assists the FAA with its mission of promoting aviation while preserving safety of aviators, the public and property. The sUAS operated by Drone Skyworks , LLC sa tisfies the criteria set forth in §

333 of the Reform Act

– size, weight, speed, operating capabilities, operation within visual line of sight, and national security

– and showing an equivalent level of safety to manned aircraft flights through appropriate pilot certification and safe ty

- focused standards of operation. This provides more than adequate justification for the grant of the requested exemptions allowing commercial operations.

By granting this Petition, the FAA Administrator will be fulfillin g the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public by allowing Drone Skyworks , LLC to safely, efficiently an d economically operate the sUAS commercially within the NAS.

Respectfully,

Thomas E. Cmejla Drone Skyworks , LLC

ATTACHMENTS

DJI Inspire 1 Manufacturer Documentation

A. DJI Inspire 1 Overview and Specifications Data Sheet .pdf

B. DJI Inspire 1 User Manual_v1.2.pdf

C. DJI Inspire 1 Safety Guidelines.pdf

D. DJ I Inspire 1 Quick Start Guide.pdf

E. DJI Inspire 1 Maintenance Manual_v1.0.pdf

F. DJI Inspire 1 Intelligent Flight Battery Safety Guidelines.pdf Drone Skyworks, LLC Proprietary Documentation

G. Drone Skyworks, LLC Flight Operations Protoco ls for all s UAS.pdf

H. Drone Skyworks, LLC Flight Checklists and Operating Procedures .pdf

I. Drone Skyworks, LLC Pilot Flight Log.pdf

J. Drone Skyworks, LLC sUAS Flight Log.pdf

K. Drone Skyworks, LLC Monthly Maintenance Log .pdf

L. Drone Skyworks , LLC Client Site Safety and Planning Template .pdf

M. Drone Skyworks, LLC Pre

- Flight Operations On

- Site Client Safety Briefing.pdf

N. D r one Skyworks, LLC Permission to Conduct Onsite Flight Operations Consent Form

O. Drone Skyworks, LLC Battery Power Management Matrix.pdf